BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.138, 32.3.139, 32.3.140, Deputy Veterinarians; ARM 32.3.224, Domestic Bison

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO:  All Concerned Persons

 

1. On January 26, 2014, the Department of Livestock proposes to amend the above-stated rules.

 

2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on January 17, 2014, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: cmackay@mt.gov.

 

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

          32.3.138 DEPUTY STATE VETERINARIAN DEFINITION (1) "Department" means the Department of Livestock.

          (2) "Deputy State Veterinarian" means a veterinarian licensed in the state of Montana and deputized to perform state functions pursuant to ARM 32.3.139 of this subchapter who is not a current employee of does not receive a salary or compensation from the department or USDA the United States Department of Agriculture (USDA).

          (3) "USDA" means the veterinary services branch of the Animal and Plant Inspection Services, United States Department of Agriculture.

 

AUTH: 81-2-102, 81-2-103, MCA

IMP:     81-2-102, 81-2-108, MCA

 

            32.3.139 APPOINTMENT AS DEPUTY STATE VETERINARIAN (1) The department is authorized to deputize a veterinarian when it determines that such veterinarian:

            (a) is licensed to practice veterinary medicine in Montana without restriction;

            (b)  is a current USDA accredited category I or category II veterinarian pursuant to 9 CFR, Chapter 1, Part 161;

            (b) (c) has made formal application for deputization upon forms provided by the department;

            (c) (d) has been recommended by the state veterinarian; and 

            (e) has attended the department deputy state veterinarian training; and

            (d) has been accredited by USDA pursuant to 9 CFR, Chapter 1, Part 161; and

(e) follows the current Montana Deputy State Veterinarian Policy and Procedures Handbook. 

 

AUTH: 81-2-102, 81-2-103, MCA

IMP:     81-2-102, 81-2-108, MCA

 

            32.3.140 DUTIES OF DEPUTY STATE VETERINARIAN (1) A deputy state veterinarian shall:

            (a)  be aware of and follow all applicable regulations and instructions as outlined on the Deputy State Veterinarians section of the department's web site;

            (b)  be aware of and follow all applicable regulations and instructions as outlined in 9 CFR;

            (a) (c) quarantine in writing all animals exposed to a quarantinable disease upon suspicion of diagnosis in the absence of, or on the order of the state veterinarian. Immediate notification of quarantine must be made to the Montana State Veterinarian's office by phone, fax, or mail;

            (b) (d) report immediately all cases of quarantinable diseases (ARM 32.3.104 and 32.3.105) to the state veterinarian in Helena, by telephone or fax;

            (c) (e)  release quarantine upon the direction of the state veterinarian and ARM 32.3.106 through 32.3.108;

            (d) (f)  be responsible for proper use of all official certificates, forms, records, reports, tags, or other official identification used in the work as a deputy state veterinarian and take proper precautions to prevent misuse thereof;

            (e) (g)  immediately report the loss, theft, deliberate or accidental misuse of any official document or materials as listed above in (1)(d), and must keep these materials in only his/her custody prior to official use;

            (f) (h)  file a monthly form regarding other reportable diseases; and

(g) (i)  mail weekly, all required inspection forms, test charts, certificates of veterinary inspection, and vaccination certificates made during the week. 

 

AUTH: 81-2-102, 81-2-103, MCA

IMP:     81-2-102, 81-2-108, MCA

 

REASON: This proposal updates language to reflect the new federal accreditation program and specifically outlines deputy veterinarian duties to include knowledge of and compliance with applicable state and federal regulations. State policies and procedures will now be outlined online for veterinarians to access.

 

            32.3.224 DOMESTIC BISON (1) Domestic bison may enter the state of Montana provided they enter in conformity with ARM 32.3.201 through 32.3.211 and in addition:.

            (2) Domestic bison must be

            (a) are officially tested negative for Brucellosis within 30 days prior to entry except the following:

            (i) (a) steers, spayed heifers, and calves under 12 months of age;

            (ii) (b) domestic bison consigned directly to an official slaughtering establishment for immediate slaughter;

            (iii) (c) an official calfhood vaccinate less than 24 months of age (the first pair of permanent incisors has not fully erupted) and which is not parturient, post parturient, or in the last trimester of pregnancy; and

            (iv) (d) domestic bison originating in an official certified Brucellosis free bison herd;.

            (b) (3)  d Domestic bison required to be tested for Brucellosis prior to entry may be quarantined for a 45- to 120-day Brucellosis retest, at owner's expense, after arrival in Montana. Included here will be all female domestic bison from states or areas with Brucellosis classification of A, B, or lower;.

            (c) (4) f Female domestic bison must be officially calfhood vaccinated by an accredited deputy state veterinarian prior to entry into Montana, with a Brucella abortus vaccine approved by the administrator of the Animal and Plant Health Inspection Service, U.S. Department of Agriculture except the following:

            (i) (a) spayed domestic bison;

            (ii) (b) domestic bison consigned directly to an official slaughtering establishment for immediate slaughter;

             (iii) (c)  nonvaccinated domestic bison 4 to 11 months of age placed under quarantine upon arrival, for official calfhood vaccination or spaying by a deputy state veterinarian, within 30 days of their entry; and

            (iv) (d) nonvaccinated domestic bison less than four months of age, imported without their dams, placed under quarantine upon arrival, for official calfhood vaccination or spaying by a deputy state veterinarian, within six months of their entry; and.

            (5) Test-eligible domestic bison originating from a tuberculosis accredited free U.S. state or zone require a negative tuberculosis test within 60 days prior to importation if they have been in contact or exposed to M-branded, Mx-branded, or other cattle originally from Mexico.

            (6) Test-eligible domestic bison originating from a tuberculosis modified accredited advanced U.S. state or zone must meet one of the following requirements:

            (a) one negative tuberculosis test within 60 days prior to importation; or

            (b) one negative tuberculosis test within six months and part of a whole herd test; or

            (c) originate directly from an accredited tuberculosis free herd; or

            (d) less than six months of age and accompanied by a tuberculosis test-negative dam.

            (7) Test-eligible domestic bison originating from a tuberculosis modified accredited U.S. state or zone must meet one of the following requirements:

            (a) two negative tuberculosis tests 60-120 days apart, with the second test occurring within 60 days prior to importation into Montana; or

            (b) one negative tuberculosis test within 60 days prior to importation into Montana and part of a whole herd test within the last 12 months; or

            (c) one negative tuberculosis test within 60 days prior to importation into Montana and originate directly from an accredited tuberculosis free herd.

            (8) Test-eligible domestic bison originating from outside of the United States must have one negative tuberculosis test within 60 days prior to importation. Bison originating directly from Mexico must meet the requirements set forth in ARM 32.3.212B.

            (9) Domestic bison less than two months of age originating from a tuberculosis modified accredited U.S. state or zone must be quarantined for testing between two and four months of age.

            (v) (10)  all Domestic bison imported under this rule shall be officially identified prior to importation and listed on the official health certificate; and.

            (d) (11)  all Domestic bison imported into Montana must meet the interstate requirements set forth in Title 9 CFR. 

 

AUTH: 81-2-102, 81-2-103, MCA

IMP: 81-2-102, 81-2-103, MCA

 

REASON: MDOL previously outlined in Official Order 10-01-I import requirements now superseded by  ARM 32.3.212, effective June 22, 2012.  The portion of the Official Order that addressed the importation of domestic bison was omitted in the ARM 32.3.212 amendment.  Those bison requirements are now being added to ARM 32.3.224 which accurately reflect office policy and the superseded order on tuberculosis testing requirements of domestic bison. 

 

            4. Concerned persons may submit their data, views, or arguments in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to MDOLcomments@mt.gov to be received no later than 5:00 p.m., January 24, 2014.

 

5. If persons who are directly affected by the proposed action wish to express their data, views, and arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above. The written request for hearing must be received no later than 5:00 p.m., January 24, 2014.

 

6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a public hearing will be held at a later date. Notice of the public hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be more than 25, based upon the population of the state.

 

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.

 

            8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

10.  With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

DEPARTMENT OF LIVESTOCK

 

BY:      /s/ Christian Mackay                        BY:      /s/ Robert Stutz

            Christian Mackay                                         Robert Stutz

            Executive Officer                                         Rule Reviewer

            Board of Livestock

            Department of Livestock

           

Certified to the Secretary of State December 16, 2013